Facts About the Supremacy Clause

Some people not really familiar with either the Constitution OR the law (though they may be lawyers) are attempting to say that the Supremacy Clause in the Constitution allows any and all federal laws (like the health care law just passed) to always trump state law.

Nothing could be further from the truth - again, liberals are trying to spin the Constitution, hoping you will not know any better.

Article VI Section 2 of the Constitution states: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding"

The key point in the clause that liberals conveniently overlook is the part that says, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof..". In short, this clause states that laws passed by Congress are Supreme ONLY IF THEY ARE MADE IN PURSUANCE OF THE CONSTITUTION TO BEGIN WITH. In other words, if the law is Constitutional to begin with. If Congress passes a law that is not Constitutional, then it is not the supreme law of the land. In fact, it is unenforceable and illegal. Period.

The health care law is unconstitutional in (4) respects. Therefore, it is not supreme and does not trump state law.

First, the so-called "commerce clause" only pertains to international or interstate commerce. If a citizen chooses NOT to engage in commerce, then he obviously does not fall under the scope of the commerce clause. Nor do the Powers of Congress (Article 1 section 8) give Congress the power to FORCE any citizen into commerce just so they can then regulate his actions. That is entrapment.

It is also unconstitutional for Congress to pass any unfunded mandates to the states. The health care bill only pays the higher Medicare costs for two years. After that, the states are forced to do so. That is an unfunded mandate.

And under the 5th Amendment, Congress may not take personal or private property without fair and just compensation. Forcing a citizen to buy a product he neither wants nor needs deprives the citizen of some of his personal assets, without fair and just compensation being given. The insurance cannot qualify as just compensation because there can be no assumption that it will ever be used.

There are other Constitutional violations, as well. But the major, blatant one is that Congress has no authority under ANY part of the Constitution to force its citizens to buy a product.

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